edson osward mbogoro vs dr emmanuel john nchimbi another 2007 tzca 15 20 september 2007
Documents filed by an unqualified advocate have no legal effect and cannot found a competent appeal; further, leave to appeal was required and not obtained, rendering the appeal incompetent.
- Citation
- edson osward mbogoro vs dr emmanuel john nchimbi another 2007 tzca 15 20 september 2007
- Parties
- Appellant: Edson Osward Mbogoro; 1st Respondent: Dr. Emmanuel John Nchimbi; 2nd Respondent: The Attorney General
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 September 2007
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objections
- Outcome
- appeal struck out with costs
- Legal Topics
- Effect of Unqualified Advocate's Actions, Requirement for Leave to Appeal, Filing Defects in Notice of Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Edson Osward Mbogoro
Appellant
Dr. Emmanuel John Nchimbi
1st Respondent
The Attorney General
2nd Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objections
Legal Issues
- 1 Whether documents filed by an unqualified advocate are legally valid
- 2 Whether leave to appeal was required under section 5(1)(c) of the Appellate Jurisdiction Act, 1979
- 3 Whether lodging notice of appeal in the Sub-Registry invalidates the appeal
Ratio Decidendi
Documents filed by an unqualified advocate have no legal effect and cannot found a competent appeal; further, leave to appeal was required and not obtained, rendering the appeal incompetent.
Court Disposition
appeal struck out with costs
Orders
- The appeal is struck out with costs.
Full Case Text
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